SC clears woman of dowry death case |
| OUR LEGAL CORRESPONDENT |
New Delhi, Dec. 30: The Supreme Court has acquitted a woman convicted of forcing her sister-in-law to take poison in a dowry death case, saying police, prosecutors and judicial officers had not taken into account a document as vital as the viscera report. Justices Ranjana Prakash Desai and J. Chelameshwar said such “callousness” was bound to shake the faith of society in the criminal justice system. “Public prosecutors and judicial officers owe a greater responsibility to ensure compliance with law in a criminal case. Any lapse on their part such as the one which occurred in the instant case is bound to jeopardise the prosecution case resulting in avoidable acquittals,” the bench said. “Inefficiency and callousness on their part is bound to shake the faith of the society in the system of administration of criminal justice in this country which, in our opinion, has reached a considerably lower level than desirable.” The top court, however, said the woman’s conviction under Section 498A (harassment by husband and other family members) stood, as the lower courts had reached “concurrent” findings based on evidence of cruelty as explained in the penal code section. The ruling means Kamala Devi, who had been handed jail terms of seven years under Section 304B and two years under Section 498A, has been cleared of the graver charge of dowry death. A sessions court in Gaya, Bihar, had convicted Kamala, brother-in-law Suhas Sao, the husband of the deceased, and Chhotan Sao, the father in-law, under the two sections for the 1991 death of Babita Devi. According to the prosecution, Babita’s brother Surendra Prasad had filed an FIR in November 1991, saying his sister was assaulted with a stick and forced to consume poison by the three. Patna High Court later upheld their sentence. Suhas did not challenge the sentence, but Chhotan and Kamala moved the apex court. Chhotan died while hearings were on. The top court said the trial court had convicted the accused despite noting in its judgment that the prosecution had not submitted the viscera test report to establish the allegation of poisoning. In its judgment, the trial court had said “it would appear that (the) viscera was sent for post mortem but that report has not been received”. It also said “no apparent injury, external or internal, has been found on post-mortem examination of the dead body”. In its recent ruling, the apex court said it was on the basis of “such scanty medical evidence” that the trial court and the high court had “rushed to the conclusion that the death of Babita Devi occurred ‘otherwise than under normal circumstances’”. Source : SC clears woman of dowry death case |
Tuesday, December 31, 2013
The Telegraph Calcutta : SC clears woman of dowry death case
Kashmir Reader: Woman held for ‘killing husband with lover’s help’
Woman held for ‘killing husband with lover’s help’
Published: Tue, 31 December 2013 09:58 PM
Kulgam: A woman has been arrested on charges of killing her husband with the help of her lover in this south Kashmir district and later trying to pass it off as a suicide by hanging his body on a tree, police say.
Abdul Rashid Dar was “tortured and mercilessly killed” at his home in Motargam village by his wife Muzmila Akhter and her lover Ali Mohammad Dar .
“Rashid’s body was found hanging from a tree at an orchard in the village on December 21 . Post-mortem report revealed that the deceased’s private parts bore torture marks and his neck was broken,” Superintendent of Police Kulgam, Mumtaz Ahmad, told Kashmir Reader.
A case was registered in Police Station Kulgam and during the course of investigation suspects were brought in for questioning , he said.
“It came to light that one of the suspects had developed illicit relations with the wife of the deceased and both of them were arrested and during sustained questioning revealed that the deceased had become a hurdle in their affair . They hatched a conspiracy and mercilessly killed him during the intervening night of 20- 21 December at his residence,” Mumtaz said.
The duo further revealed that they shifted the body outside the village and hanged it on a tree in an orchard to pass the death as suicide, he said.
नवभारत टाइम्स | गर्भवती पत्नी ने पति को दिया जहर
रेवाड़ी पेट में पल रहे बच्चे को अपना नहीं मानने पर पत्नी ने अपने पति की हत्या करने की कोशिश की। इस कोशिश के तहत पत्नी ने पति को शराब में धीमा जहर मिला कर देना शुरू कर दिया। पति को जब यह एहसास हुआ तो उसने तुरंत इसकी सूचना थाना धारूहेड़ा पुलिस को दी। पुलिस ने पत्नी के खिलाफ हत्या के प्रयास का मामला दर्ज कर लिया है।
जानकारी के अनुसार गोयल कॉलोनी महेश्वरी निवासी बिरेन्द्र कुमार प्रजापत ने फदनी निवासी ज्योति पुत्री वेदप्रकाश से विवाह किया था और दोनों उपरोक्त कॉलोनी में रह रहे थे। ज्योति जब 3-4 माह की गर्भवती हुई तो बिरेन्द्र कुमार ने आरोप लगाया कि यह बच्चा उसका नहीं है। इस बात को लेकर दोनों में तनाव बना रहता था।
बिरेन्द्र का आरोप है कि ज्योति ने उसे मारने का फैसला कर लिया। जिसके तहत उसने उसे रोजाना शराब में धीमा जहर मिला कर देना शुरू कर दिया। जिसके कारण उसकी कई बार तबीयत भी बिगड़ी। वह उसे 20 दिसंबर से यह जहर दे रही थी। जब इसका खुलासा हो गया तो उसने थाना धारूहेड़ा में ज्योति के खिलाफ हत्या के प्रयास का मामला दर्ज करा दिया। इस मामले की जांच कर रहे धारूहेड़ा के सेक्टर-6 चौकी प्रभारी रामसिंह ने बताया कि वे पिछले काफी दिनों से महेश्वरी में साथ रह रहे थे। पति को शक है कि ज्योति के पेट में पल रहा बच्चा उसका नहीं है। जिसको लेकर यह घटना सामने आई। पुलिस मामले की गहराई से जांच कर रही है।
Source : http://navbharattimes.indiatimes.com/state/punjab-and-harayana/rewari/pregnant-wife-tries-to-kill-husband/articleshow/28062374.cms
सास का हाथ तोडऩे पर बहू को एक साल कैद
Bhaskar News Network | Oct 13, 2013, 03:22AM IST
जयपुर. महानगर की सांप्रदायिक दंगा मामलों की कोर्ट ने वृद्ध सास से मारपीट कर उसका दायां हाथ तोडऩे पर झोटवाड़ा रोड निवासी अभियुक्त बहू कविता को एक साल की कैद व चार हजार रुपए जुर्माने की सजा सुनाई। सास शांति देवी ((८८)) ने 13 जनवरी 2008 को संजय सर्किल थाने में रिपोर्ट दर्ज करवाई थी
कोर्ट ने कहा कि हर माता-पिता वृद्धावस्था के लिए ही ब'चों का पालन-पोषण कर उन्हें योग्य बनाकर विवाह बंधन में बांधते हैं, ताकि बुढ़ापे में वे उनकी सेवा करें। लेकिन बहू ने सेवा की बजाय मारपीट की और इलाज भी नहीं करवाया।
कि वह सुबह घर पर थी और छोटी बहू के पिता रामनिवास दोनों बहुओं में बंटवारे की बात कह रहे थे तभी बड़े बेटे विनोद की पत्नी कविता झगडऩे लगी और प्लास्टिक की कुर्सी उठा कर बाएं कंधे, पसली की तरफ मारी, बचाव में हाथ उठाया तो फिर मारा जिससे हाथ में फ्रेक्चर हो गया।
Source : http://www.bhaskar.com/article-srh/MAT-RAJ-JAI-c-10-1686644-NOR.html
Times of India : Bombay HC waives rethink period in divorce case
Swati DeshpandeSwati Deshpande,TNN | Dec 30, 2013, 04.49 AM
MUMBAI: A "deed of divorce" signed by a notary is not an authorized divorce under the law, the Bombay high court clarified, surprised that a family court judge had accepted it as valid.
In a peculiar case that came up in the Bombay high court as an appeal against an order passed by the Bandra family court in October, an educated Mumbai couple were under the belief that their marriage was lawfully dissolved two-and-half years ago by an alleged 'divorce deed'. Their marriage, solemnized in 2007, had run into trouble with differences cropping up between them. On advice, they prepared a 'deed of divorce' which a notary—an advocate licensed by the state to authenticate legal documents—signed in 2011.
The wife was soon remarried to a DTP operator in the US. It was only when the US authorities denied her a visa on the ground that she was unable to produce a valid divorce decree that she realized that her earlier marriage still legally existed.
Her 'former' husband agreed to file for a mutual consent divorce before the family court. Their joint petition for divorce also sought waiver of the mandatory six-months cooling off period. She wanted to process her visa swiftly and gave details of the fact that she and husband had lived as a divorced couple since 2011.
The family court however rejected their plea for divorce and observed that they were already divorced through the mutual "agreement" as "part of the custom". The agreement, it said, can be set aside only if it was a result of "fraud or misrepresentation".
The couple then moved the Bombay high court against the family court order. The HC was critical of the family court order and its reasoning. It directed the family court to decide the case expeditiously on January 2 and waive the six-months cooling period. The HC said since both had acted on the "bona fide belief" that their marriage had legally ended with the alleged "deed" and had remarried, a reconciliation or reunion was ruled out.
The HC bench of Justices V K Tahilramani and V L Achliya said the case was "very peculiar and unusual".
"Marriage under the Hindu law is not considered a contract between two individuals. It is treated as a sacrosanct relation between two human beings, placing certain obligations and duties... No provision in Hindu law gives either party to the marriage an automatic right of divorce."
The HC said the family court when faced with a mutual consent divorce plea "must confine" itself to inquire whether there was a valid marriage and if the couple was unable to live together for over a year and had mutually sought the divorce.
However, the HC came to the couple's rescue. Justice Achliya who penned the judgment which was delivered in December 23 said the six-month period, intended to provide the couple time for a final rethink, must be waived in the interest of justice. The HC said courts are meant to impart justice by overcoming technical difficulties. "The waiver though not specified in law, be read into it as the main object of the provision is to liberalize divorce," and added, "It was never the intention of the legislature that such period is to be observed irrespective of the facts; where a marriage has irretrievably broken and there are no chances of a reunion, as it would be futile to wait for six months."
Source : http://timesofindia.indiatimes.com/india/Bombay-HC-waives-rethink-period-in-divorce-case/articleshow/28121206.cms
Monday, December 30, 2013
The Free Press Journal : Court grants man divorce from ‘hallucinating’ wife
Court grants man divorce from ‘hallucinating’ wife
Mumbai December 29, 2013 12:04:39 AM | By STAFF REPORTER
Mumbai :
In a very unusual case, a family court recently granted divorce to a man, accepting his allegation that his wife used to hallucinate and see ghosts and goddesses in their house. The court considered this as a ground, amounting to mental cruelty to the husband and granted him divorce.
The couple was married for three months before the woman moved out of the house and filed a first information report (FIR) against her husband and his family members, alleging harassment under various Sections of the Domestic Violence Act. She also demanded a monthly maintenance amount from the husband. Tired of all her allegations, the husband moved the family court seeking divorce.
In his petition, the husband alleged that the woman used to hallucinate. She had told him that she could see ghosts in their house. She claimed that she even saw a goddess who told her to jump off the gallery so that her matrimonial life would be cordial, the petition mentioned.
The petition also alleged that the “woman resided with him only for three months, but she made his life hell. She treated him in a cruel manner, harassed him physically as well as mentally and thereafter left the matrimonial home and thus deserted him.”
It was also alleged that when a trip to Goa was planned after their marriage, the woman refused to go. She used to avoid household work and keep reading religious and holy books. She refused to help his mother at her work. She used to lock her bedroom and stay inside. She quarrelled with his parents when they tried to speak to her.
After leaving her matrimonial house, the woman filed several complaints against her husband and his family members which are still pending before the competent courts.
The woman did not respond to the notice issued by the family court. Thus, the court passed an ex-parte order. The court granted divorce to the husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act.
In his petition, the husband alleged that the woman used to hallucinate. She had told him that she could see ghosts in their house. She claimed that she even saw a goddess who told her to jump off the gallery so that her matrimonial life would be cordial, the petition mentioned.
The petition also alleged that the “woman resided with him only for three months, but she made his life hell. She treated him in a cruel manner, harassed him physically as well as mentally and thereafter left the matrimonial home and thus deserted him.”
It was also alleged that when a trip to Goa was planned after their marriage, the woman refused to go. She used to avoid household work and keep reading religious and holy books. She refused to help his mother at her work. She used to lock her bedroom and stay inside. She quarrelled with his parents when they tried to speak to her.
After leaving her matrimonial house, the woman filed several complaints against her husband and his family members which are still pending before the competent courts.
The woman did not respond to the notice issued by the family court. Thus, the court passed an ex-parte order. The court granted divorce to the husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act.
Times of India : Politician booked on charge of rape
Politician booked on charge of rape
TNN | Dec 29, 2013, 06.21 AM ISTMUMBAI: A housewife has lodged a complaint against a 50-year-old politician from Latur, alleging he had raped her after making false promises of marriage. The 32-year-old complainant told the Charkop police that he had also shot a video of her in a compromising position.
The two met on a social networking site in May last year. A few conversations later, he reportedly asked her to marry him and she accepted his proposal. "The politician got intimate with the woman after promising to marry her. Till April 2013, he sent her obscene texts and also had shot an obscene video of her," a senior police officer said. The accused would travel from Latur to Mumbai to meet the woman whenever her husband would be away, the police said. But gradually, he started to ignore her and even stopped answering her calls. On December 23, the woman lodged the complaint on December 23. In her complaint, she claimed that that she had been raped four times. "We have not made any arrest so far," the officer said.
Source : http://timesofindia.indiatimes.com/city/mumbai/Politician-booked-on-charge-of-rape/articleshow/28078721.cms?cfmid=2000000
The Hindu : Activist’s wife speaks out, blames media for his death
Activist’s wife speaks out, blames media for his death
NEW DELHI, December 30, 2013
Breaking her silence on the suicide of activist Dr. Khurshid Anwar, his wife Meenakshi Sundriyal has said those branding him as a rapist on various media platforms did not follow the process of law and instead took matters into their own hands.
At the Press Club of India here on Sunday, Dr. Sundriyal said: “I have been an office bearer of the Gender Sensitisation Committee at Jawaharlal Nehru University. I can say that when we try to take matters into our own hands and not follow laid-down procedures on sensitive matters such as rape, it is usually the women who suffer.”
She was responding to their questions including those asked about the role and intentions of another activist Madhu Kishwar, who, according to those close to Dr. Anwar leaked a compact disc containing a video footage in which a 25-year-old woman made rape allegations against Dr. Anwar.
Several others, including Dr. Anwar’s brother, Ali Javed questioned why the activist did not ask the victim to register a First Information Report back in September when the girl approached her.
The case was ultimately registered on December 17, hours before Dr. Khurshid committed suicide.
“Ms. Kishwar is hardly a newbie in such matters. She is well aware of the conventions laid down on dealing with alleged victims of rape. She disregarded all such proprieties and even showed the complainant’s face clearly in the video recorded by her,” said Mr. Javed. Expressing similar sentiments, senior journalist Om Thanvi said: “It is not good enough for Ms. Kishwar to now say that she did not distribute the CD. She admits on her website that she gave the CD to an unknown third party. She should thus answer for the circulation of the CD which affected the reputation of both the complainant and the accused.”
Ms. Kishwar has maintained that the victim herself was reluctant to pursue the case legally in the initial days.
So far, the supporters and family members have alleged that the late activist was forced to take such an extreme step due to the mental harassment and public humiliation caused by a targeted vilification campaign on Facebook and certain TV programmes broadcast on the days immediately leading to his death.
The probe in the case is now being led by an Assistant Commissioner of Police.
“Those who branded Dr. Anwar as rapist did not follow the process of law”
Merinews : Why men are so helpless?
Why men are so helpless?
Few examples are:
1. Not wiling to stay with husband's elderly parents, unmarried sisters or not willing to stay in a joint family.
2. So called aggrieved person was already in a relationship with some other person but had to marry due to family pressure.
3. So called aggrieved person marries just to extort money and property.
There are many more unexplored reasons behind these actions. I am not saying that females are not being tortured or harassed. There are examples where this happens. But in present scenario the number of actual harassments are in very less numbers as compared to fake and frivolous complaints.
The live example of fake and frivolous complaints is the data which says there are 98% acquittals in dowry harassment cases (viz sec 498a). So now when there are 98% acquittals in these cases where does helplessness comes into picture. To further explore the scenarios we got to start from the root cause of 498a complaints, which is marriage. As stated above the malafied intentions land up in CAW cells.
This is where the helplessness starts from. From Enquiry officer to ACP of the concerned CAW cell, from I/O of the ploice station to Judge of the courts each and every individual is busy extorting money and Men is helpless. No one gives a damn about what is he going through, what is he feeling like.
Men is helpless to make lawmakers understand that the law is being misused and he is being falsely implicated in the case. Men is helpless making police authorities understand that he is innocent. Men is helpless in making court understand that he misses his daughter/son. Men is helpless in making his own family relax. Men is helpless. Yes he is.
These gender biased laws like 498a, DV act, CRPC125, Rape law are made just to humiliate men. Laws are made for the rural areas where harassment do happen in few cases, however, elite class women are grossly misusing the laws to settle scores at times, and to fulfil their malafied intentions other times.
NCW, National Commission for Women, - Yeah this is the name. Busy drafting gender biased laws because as per them females are being harassed for over 5000 years. Their agenda is to give all the rights to females, but no responsibilities are to be given. The most unfortunate thing that happens in our country is that most of those who demand laws for married women are themselves unmarried. These laws are responsible in making men helpless.
Still, I would say these laws are not only to be blamed. Indian men is equally responsible for his state. All those who are yet to marry or newly married are sleeping in their cozy rooms, dreaming of a beautiful wife, a kid or two and well settled family. They think these laws would never affect them as they are law abiding, respectable citizens. What they fail to understand is 98% acquitted males and their families were also not criminals and were respectable citizens too. But still they had to face such humiliation without their fault.
Under all the darkness of men having fear of getting married and fighting fake cases, I see a ray of light, rather a ray of hope when I see MRM getting stronger. All the MRA’s are doing a splendid job for the future generations and also for those lazy, unfortunate Indian men who are still sleeping. I hereby with this blog, invite anyone and everyone who believes in gender equality to join us in this movement.
Well, the thought of being helpless in any situation makes me shiver. You can say it is a phobia or a mental state which makes me think as to why men are so helpless. This helplessness is majorly prevailing in one stream only these days. Yes you guessed it right a 'failed marriage'.
The institution of marriage was a sacred one until few years back, however when we look at the current status this institution has drastically changed into a business. Where one so called aggrieved person plays all the tricks and tantrums to fulfil her malafied intentions. The intentions could vary person to person.
1. Not wiling to stay with husband's elderly parents, unmarried sisters or not willing to stay in a joint family.
2. So called aggrieved person was already in a relationship with some other person but had to marry due to family pressure.
3. So called aggrieved person marries just to extort money and property.
There are many more unexplored reasons behind these actions. I am not saying that females are not being tortured or harassed. There are examples where this happens. But in present scenario the number of actual harassments are in very less numbers as compared to fake and frivolous complaints.
The live example of fake and frivolous complaints is the data which says there are 98% acquittals in dowry harassment cases (viz sec 498a). So now when there are 98% acquittals in these cases where does helplessness comes into picture. To further explore the scenarios we got to start from the root cause of 498a complaints, which is marriage. As stated above the malafied intentions land up in CAW cells.
This is where the helplessness starts from. From Enquiry officer to ACP of the concerned CAW cell, from I/O of the ploice station to Judge of the courts each and every individual is busy extorting money and Men is helpless. No one gives a damn about what is he going through, what is he feeling like.
Men is helpless to make lawmakers understand that the law is being misused and he is being falsely implicated in the case. Men is helpless making police authorities understand that he is innocent. Men is helpless in making court understand that he misses his daughter/son. Men is helpless in making his own family relax. Men is helpless. Yes he is.
These gender biased laws like 498a, DV act, CRPC125, Rape law are made just to humiliate men. Laws are made for the rural areas where harassment do happen in few cases, however, elite class women are grossly misusing the laws to settle scores at times, and to fulfil their malafied intentions other times.
NCW, National Commission for Women, - Yeah this is the name. Busy drafting gender biased laws because as per them females are being harassed for over 5000 years. Their agenda is to give all the rights to females, but no responsibilities are to be given. The most unfortunate thing that happens in our country is that most of those who demand laws for married women are themselves unmarried. These laws are responsible in making men helpless.
Still, I would say these laws are not only to be blamed. Indian men is equally responsible for his state. All those who are yet to marry or newly married are sleeping in their cozy rooms, dreaming of a beautiful wife, a kid or two and well settled family. They think these laws would never affect them as they are law abiding, respectable citizens. What they fail to understand is 98% acquitted males and their families were also not criminals and were respectable citizens too. But still they had to face such humiliation without their fault.
Under all the darkness of men having fear of getting married and fighting fake cases, I see a ray of light, rather a ray of hope when I see MRM getting stronger. All the MRA’s are doing a splendid job for the future generations and also for those lazy, unfortunate Indian men who are still sleeping. I hereby with this blog, invite anyone and everyone who believes in gender equality to join us in this movement.
Dainik Bhashkar : पति का कत्ल करने वाली प्रेमी समेत गिरफ्तार
पति का कत्ल करने वाली प्रेमी समेत गिरफ्तार
Bhaskar News Network | Dec 26, 2013, 04:50AM IST
भास्कर
न्यूज-!-भदौड़((बरनाला))
भदौड़ पुलिस ने अपने प्रेमी के साथ मिलकर अपने पति का कत्ल करने वाली महिला को उसके प्रेमी सहित गिरफ्तार कर लिया है। एसएसपी उपिंदरजीत सिंह घुम्मण ने बताया की पुलिस ने एसएचओ संजीव सिंगला ने पुलिस टीम सहित गांव तलवंडी से कत्ल की आरोपी महिला व उसके प्रेमी को काबू किया है।
उन्होंने बताया कि कुछ दिन पहले योजना के अनुसार इन दोनों ने शिवदयाल का कत्ल कर दिया था। इस कत्ल को चतुराई के साथ आत्महत्या का मामला बनाने का प्रयास किया जा रहा था। आरोपी महिला सरबजीत कौर व उसके प्रेमी जगतार सिंह की मोबाइल काल डिटेल निकालने के बाद ये मामला साफ हो सका कि यह कत्ल एक योजना के तहत किया गया है।
पुलिस ने उन्हें उनके मोबाइल की लोकेशन के आधार पर ही गिरफ्तार किया। उन्हें अदालत में पेश कर उनका रिमांड लिया जाएगा व उनके खिलाफ सख्त कानूनी कार्रवाई की जाएगी।
इस अवसर पर उनके साथ एसपी स्वर्ण सिंह खन्ना, डीएसपी तपा हरविंदर सिंह विर्क, डीएसपी हरपाल सिंह भी मौजूद थे। ((साहिब))
भदौड़ पुलिस ने अपने प्रेमी के साथ मिलकर अपने पति का कत्ल करने वाली महिला को उसके प्रेमी सहित गिरफ्तार कर लिया है। एसएसपी उपिंदरजीत सिंह घुम्मण ने बताया की पुलिस ने एसएचओ संजीव सिंगला ने पुलिस टीम सहित गांव तलवंडी से कत्ल की आरोपी महिला व उसके प्रेमी को काबू किया है।
उन्होंने बताया कि कुछ दिन पहले योजना के अनुसार इन दोनों ने शिवदयाल का कत्ल कर दिया था। इस कत्ल को चतुराई के साथ आत्महत्या का मामला बनाने का प्रयास किया जा रहा था। आरोपी महिला सरबजीत कौर व उसके प्रेमी जगतार सिंह की मोबाइल काल डिटेल निकालने के बाद ये मामला साफ हो सका कि यह कत्ल एक योजना के तहत किया गया है।
पुलिस ने उन्हें उनके मोबाइल की लोकेशन के आधार पर ही गिरफ्तार किया। उन्हें अदालत में पेश कर उनका रिमांड लिया जाएगा व उनके खिलाफ सख्त कानूनी कार्रवाई की जाएगी।
इस अवसर पर उनके साथ एसपी स्वर्ण सिंह खन्ना, डीएसपी तपा हरविंदर सिंह विर्क, डीएसपी हरपाल सिंह भी मौजूद थे। ((साहिब))
Navbharat Times : बीवी के थप्पड़ ने पति को पहुंचाया अस्पताल
बीवी के थप्पड़ ने पति को पहुंचाया अस्पताल
अहमदाबाद।। पति की पत्नी से मारपीट की खबरें तो आम हैं, लेकिन अहमदाबाद में इसका ठीक उल्टा हुआ। सोमवार रात अहमदाबाद के कंकरिया में पत्नी ने किचकिच से परेशान होकर पति को ऐसा जोरदार थप्पड़ जड़ा कि उसे अस्पताल में भर्ती कराना पड़ा।
कागडापीठ पुलिस के मुताबिक यह वाकया सोमवार रात दो बजे हुआ। कंकरिया का रहने वाला रमेश परमार (35 साल) घर लौटा और अपनी पत्नी से (32) घर के खर्चों को लेकर झगड़ने लगा। परमार कुछ दिनों से बेरोजगार था और नौकरी तलाश रहा था। जब उसे नौकरी नहीं मिली तो वह दोस्तों के साथ घूमने लगा था।
दोनों में सोमवार रात को झगड़ा हुआ। रमेश ने पत्नी को मारना चाहा, लेकिन पत्नी ने जवाब में उसे एक जोरदार थप्पड़ मार दिया। रमेश फर्श पर जा गिरा और उसके सिर पर चोट लग गई। उसे तुरंत अस्पताल ले जाया गया। पुलिस के मुताबिक दोनों की शादी को 10 साल हो गए हैं और उनके दो बच्चे हैं।
कागडापीठ पुलिस के मुताबिक यह वाकया सोमवार रात दो बजे हुआ। कंकरिया का रहने वाला रमेश परमार (35 साल) घर लौटा और अपनी पत्नी से (32) घर के खर्चों को लेकर झगड़ने लगा। परमार कुछ दिनों से बेरोजगार था और नौकरी तलाश रहा था। जब उसे नौकरी नहीं मिली तो वह दोस्तों के साथ घूमने लगा था।
दोनों में सोमवार रात को झगड़ा हुआ। रमेश ने पत्नी को मारना चाहा, लेकिन पत्नी ने जवाब में उसे एक जोरदार थप्पड़ मार दिया। रमेश फर्श पर जा गिरा और उसके सिर पर चोट लग गई। उसे तुरंत अस्पताल ले जाया गया। पुलिस के मुताबिक दोनों की शादी को 10 साल हो गए हैं और उनके दो बच्चे हैं।
MumbaiMirror : Accused need not be present for arrest warrant cancellation: HC
Accused need not be present for arrest warrant cancellation: HC
The Bombay High Court came down heavily on lower court judges, for blindly rejecting applications of cancellation of arrest warrants when the accused is not present. The High Court, on December 24, ruled that in such situations, orders must be passed on the basis of merit.
"There is no law stating that the accused should personally remain present for cancellation of a warrant. If the lawyer makes an application for cancellation of a warrant, it needs to be considered on merits by the Magistrate, without insisting the appearance of the applicant or accused," said Justice M L Tahaliyani.
The court was hearing an application filed by businessman Arun Kumar Chaturvedi, who is an accused in a cheque-bouncing case. Chaturvedi has not attended hearing in his case for the past one and a half years, due to which a non-bailable warrant was issued against him by a magistrate's court in Dadar.
His lawyer approached the court to cancel the arrest warrant against him, assuring the court that he would be present when the case is heard next.
But the plea was rejected on December on the grounds that Chaturvedi was not present to cancel his warrant. "Since the applicant was ready to appear before the Magistrate after cancellation of warrant, and there was reasonable apprehension that he might be arrested if he came to court, the Magistrate should have heard the application on the basis of merit," the court observed.
He further instructed that a copy of this order be circulated to all citybased magistrates. "Many petitions are filed in this court only because the learned Magistrate straightaway takes aview that the warrant cannot be cancelled unless the accused appears before the court. The view taken by a few is not correct. It is high time that this court lets the Magistrate note that the appearance of the applicant or the accused is not necessary when application for cancellation of warrant is made," the court stated.
Navbharat Time News : ‘मुझे मेरी बीवी से बचाओ’
‘मुझे मेरी बीवी से बचाओ’
प्राची, कड़कड़डूमा कोर्ट एक पति की शिकायत पर अदालत ने उसकी पत्नी को 3 फरवरी, 2014 के लिए समन भेजा है। पति का आरोप है कि उसकी पत्नी और सास-ससुर की तरफ से लगातार मिल रही धमकियों की वजह से उसकी और उसके परिवार की जिंदगी को खतरा है।
ईस्ट दिल्ली के गांधी नगर निवासी सुमित जैन की शिकायत पर मेट्रोपोलिटन मजिस्ट्रेट संजीव कुमार ने वीणा जैन (बदला हुआ नाम) के नाम पर 3 फरवरी, 2014 के लिए समन जारी किया है। सुमित ने अपने वकील मनीष भदौरिया के जरिये दाखिल अपनी शिकायत में कहा है कि उनकी और वीणा की शादी 22 मई 2011 को हिंदू रीति-रिवाजों के तहत हुई थी। इस शादी से उनकी नौ महीने की एक बेटी है। शादी के बाद से ही उसकी पत्नी उस पर पैतृक संपत्ति में अपना हिस्सा मांगने और अपने मां-बाप से अलग होने का दबाव बना रही थी।
आरोप है कि वीणा अक्सर अपने पति और उसके परिवार वालों से झगड़ा करती थी और उनके खिलाफ असभ्य भाषा का इस्तेमाल करती थी। वीणा के मां-बाप उसे ऐसा करने के लिए भड़काते थे। उसकी पत्नी उसे और उसके परिवार को दहेज प्रताड़ना और अन्य झूठे केसों में फंसाने की धमकी देती थी। वह खुदकुशी करने और उन्हें झूठे केस में फंसाने की भी धमकी देती थी।
शिकायती ने यह भी आरोप लगाया कि 22 नवंबर, 2012 को किसी काम से बाहर जाने पर भी उसकी पत्नी ने उन्हें धमकाते हुए दिल्ली वापस लौटने पर सबक सिखाने की बात कही थी। इसके बाद 25 नवंबर, 2012 की दोपहर को शिकायती और उसके परिवार पर दबाव बनाने के लिए वीणा ने ऑल आउट पी लिया। वह तुरंत उसे गांधी नगर के जैन चैरिटेबल हॉस्पिटल ले गया और वहां पहुंचकर उसने अपने सास-ससुर को फोन कर वहां आने के लिए कहा। लेकिन उन्होंने आने से इनकार कर दिया और उसे धमकी देनी शुरू कर दी। फिर उसकी पत्नी ने डॉक्टर को नोट लिख कर दिया कि उसने अपने आप ऑल आउट पीया था। इसमें उसके पति और उसके ससुरवालों का कोई हाथ नहीं था।
शिकायती के मुताबिक इसके बाद भी उसकी पत्नी के बर्ताव में कोई सुधार नहीं आया। वह फिर उससे लड़ने-झगड़ने लगी और झूठे केस में फंसाने की धमकी देने लगी। मामला पुलिस तक पहुंचा और 26 जनवरी, 2013 को पुलिस के दबाब में दोनों पक्षों ने एक-दूसरे से समझौता कर लिया। झगड़ा फिर भी शांत नहीं हुआ। 6 फरवरी, 2013 को फिर दोनों पक्षों के बीच लड़ाई हुई और कथित आरोपियों (वीणा और उसके मां-बाप) ने शिकायती को अरेस्ट करा दिया। 7 फरवरी, 2013 को मजिस्ट्रेट कोर्ट से शिकायती को जमानत पर रिहा किया गया।
इसके बाद शिकायती ने शाहदरा एक्सटेंशन के बलबीर नगर में किराये पर एक मकान लिया और वहां अपनी पत्नी वीणा के साथ रहने लगा। मगर उसके सास-ससुर ने उन दोनों को वहां भी चैन से रहने नहीं दिया। उन्होंने उसके खिलाफ थाने में शिकायत दर्ज करा दी। उसने इस संबंध में 29 नवंबर, 2012 को दिल्ली पुलिस कमिश्नर और 26 नवंबर, 2012 को डीसीपी ईस्ट डिस्ट्रिक्ट को लिखित में शिकायत दी थी, लेकिन पुलिस ने कोई कार्रवाई नहीं की। पति ने अदालत से आरोपियों को समन किए जाने और उनके खिलाफ मुकदमा चलाने की मांग करते हुए कहा था कि आरोपी उसके और परिवार के खिलाफ गंभीर अपराध कर सकते हैं।
Daily Bhashkar News : MYSTERY: Newlywed wife claims 'dowry harassment' while husband sees 'obscene messages' in her Facebook account
MYSTERY: Newlywed wife claims 'dowry harassment' while husband sees 'obscene messages' in her Facebook account
Bhaskar News | Dec 30, 2013, 09:42AM IST
New Delhi: Interacting with people on Facebook proved to be
troublesome for a newlywed woman. At first, her husband threw her out of his
home and then accused her. Though, in this case, the woman claimed that she was
innocent and alleged her husband and in-laws. According to the woman, her
in-laws are torturing and accusing her without any reason. The husband of the
woman had objection on his wife talking to other people on the social networking
site but the woman said that she only talked to her friends or family members.
She does not talk to strangers on Facebook.
Looking at the Facebook profile of the woman, her husband came to know that
she had 250 people in her friends’ list. Also, some obscene messages and
pictures are posted on her wall. When he asked about the friends’ list to his
wife, she explained that they are just her relatives and close friends. Thus,
the husband tried to make her understand to stop using Facebook but when she did
not listen, he asked her to leave the house.
The woman is a resident of Chandra Nagar in Moradabad area of Uttar
Pradesh. She was married to a Ghaziabad based computer engineer a year ago.
Everything was going well after a few days of marriage but then the Facebook
incident started creating troubles in their relationship. On December 20, the
newlywed accused her in-laws of dowry harassment. According to the woman, her
husband used to doubt her without any reason. He had objection on her
interacting with the relatives too, she said.
On the other side, the accused husband said that his wife has more than 250
friends on Facebook. He said one day when he opened her account, he was stunned.
He read many obscene messages in her inbox. When he stopped her from using
Facebook, she started fighting with him and went to her parental home. The woman
claims that her husband and in-laws threw her out of the house.
Sunday, December 29, 2013
AajTak News : फेसबुक पर 250 फ्रेंड और अश्लील मैसेज देख पत्नी को घर से निकाला
फेसबुक पर 250 फ्रेंड और अश्लील मैसेज देख पत्नी को घर से निकाला
आशीष मिश्रा [Edited By: पंकज विजय] | नई दिल्ली, 29 दिसम्बर 2013 | अपडेटेड: 12:42 IST
फेसबुक पर दोस्तों से चैटिंग करना एक विवाहिता को महंगा पड़ गया. पति ने एक दिन अकाउंट देखा तो पत्नी की प्रोफाइल में ढाई सौ फ्रेंड मिले. तमाम आपत्तिजनक मैसेज और वाल पोस्ट भी थे. पहले तो पति ने समझाया और जब बात नहीं बनी तो मायके भेज दिया.
युवती का मायका यूपी में मुरादाबाद के चंद्रनगर में है. एक साल पहले उसकी शादी गाजियाबाद के एक कंप्यूटर इंजीनियर से हुई थी. शादी के कुछ दिन तक तो सब ठीक चला लेकिन बाद में फेसबुक की वजह से मनमुटाव होने लगा. 20 दिसंबर को विवाहिता ने ससुराल पक्ष पर दहेज उत्पीड़न का आरोप लगाते हुए तहरीर दी. विवाहिता के अनुसार उसके पति बेवजह शक करते हैं. फेसबुक पर अपने रिश्तेदारों से बात करना भी अच्छा नहीं लगता.
उधर दूसरी ओर आरोपी पति ने बताया कि उसकी पत्नी के फेसबुक पर 250 से भी ज्यादा दोस्त हैं. एक दिन उसका अकाउंट ओपन किया तो दंग रह गया. कई अश्लील मैसेज भी पड़े थे. फेसबुक चलाने से मना किया तो झगड़ा करने लगी और मायके चली आई. विवाहिता का कहना है कि पति और ससुराल वालों ने खुद ही उसे घर से निकाल दिया है.
Times Of India News : FIR must in complaints about serious offences: Supreme Court
FIR must in complaints about serious offences: Supreme Court
NEW DELHI: The Supreme Court on Tuesday made it mandatory for police to register a first information report on receiving a complaint about a serious offence, freeing criminal investigation from the rampant abuse of discretionary powers by the local thana in-charge.
"If discretion, option or latitude is allowed to the police in the matter of filing of FIRs, it can have serious consequences on the public order situation and can adversely affect the rights of the victims, including violation of their fundamental right to equality," said a five-judge constitution bench of Chief Justice P Sathasivam and Justices B S Chauhan, Ranjana P Desai, Ranjan Gogoi and S A Bobde.
Writing the judgment for the bench, Justice Sathasivam said, "It would be incongruous to suggest that though it is the duty of every citizen to inform about commission of an offence, but it is not obligatory on the officer-in-charge of a police station to register the report."
This order will help stamp out the chronic practice among police across the country to either refuse or delay registering FIRs with the object of keeping crime figures artificially low or, worse, favouring influential accused.
"Registration of FIR is mandatory under Section 154 of the Criminal Procedure Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such situations," the court said. The Indian Penal Code (IPC) categorizes those offences as cognizable which attract a minimum of three years imprisonment as punishment.
Apart from refusing to register FIRs on complaints by the poor and the marginal, the police develop cold feet in recording an FIR if the accused is an influential person. Refusal to register FIR in such cases would be punishable, the court warned. From now, police must register FIR and can close it if they find no evidence to substantiate the charges made in the complaint after investigation.
"The police cannot avoid their duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register an FIR if information received by them discloses a cognizable offence," the bench said.
A two-judge bench of the apex court had in 2008 ruled that registration of FIR was mandatory on complaints alleging commission of serious offences. But given the wide ramification of the issue, it was later referred to a five-judge constitution bench. The constitution bench, which agreed with the two-judge bench, said if the complaint or the information received "did not disclose a cognizable offence but indicated the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not".
"The scope of the preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence," the court said and fixed a seven-day limit for the police to complete the preliminary inquiry. If the preliminary inquiry leads to closure of the complaint, the police officer must inform the complainant about the decision and the reasons behind it, the court said while limiting the preliminary inquiry process to a select few categories of cases.
"As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The categories of cases in which preliminary inquiry may be made are—matrimonial and family disputes, commercial offences, medical negligence cases, corruption cases and those involving abnormal delay in initiating criminal prosecution, for example, an over three-month delay in reporting the matter without satisfactorily explaining the reasons for delay," the bench said.
Importantly, the court ordered the police to enter in its daily diary all information received about cognizable offences prior to registration of FIR.
"Since the general diary/station diary/daily diary is the record of all information received in a police station, we direct all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, to be mandatorily and meticulously reflected in the said diary and the decision to conduct a preliminary inquiry must also be reflected," the bench said.
"If discretion, option or latitude is allowed to the police in the matter of filing of FIRs, it can have serious consequences on the public order situation and can adversely affect the rights of the victims, including violation of their fundamental right to equality," said a five-judge constitution bench of Chief Justice P Sathasivam and Justices B S Chauhan, Ranjana P Desai, Ranjan Gogoi and S A Bobde.
Writing the judgment for the bench, Justice Sathasivam said, "It would be incongruous to suggest that though it is the duty of every citizen to inform about commission of an offence, but it is not obligatory on the officer-in-charge of a police station to register the report."
This order will help stamp out the chronic practice among police across the country to either refuse or delay registering FIRs with the object of keeping crime figures artificially low or, worse, favouring influential accused.
"Registration of FIR is mandatory under Section 154 of the Criminal Procedure Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such situations," the court said. The Indian Penal Code (IPC) categorizes those offences as cognizable which attract a minimum of three years imprisonment as punishment.
Apart from refusing to register FIRs on complaints by the poor and the marginal, the police develop cold feet in recording an FIR if the accused is an influential person. Refusal to register FIR in such cases would be punishable, the court warned. From now, police must register FIR and can close it if they find no evidence to substantiate the charges made in the complaint after investigation.
"The police cannot avoid their duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register an FIR if information received by them discloses a cognizable offence," the bench said.
A two-judge bench of the apex court had in 2008 ruled that registration of FIR was mandatory on complaints alleging commission of serious offences. But given the wide ramification of the issue, it was later referred to a five-judge constitution bench. The constitution bench, which agreed with the two-judge bench, said if the complaint or the information received "did not disclose a cognizable offence but indicated the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not".
"The scope of the preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence," the court said and fixed a seven-day limit for the police to complete the preliminary inquiry. If the preliminary inquiry leads to closure of the complaint, the police officer must inform the complainant about the decision and the reasons behind it, the court said while limiting the preliminary inquiry process to a select few categories of cases.
"As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The categories of cases in which preliminary inquiry may be made are—matrimonial and family disputes, commercial offences, medical negligence cases, corruption cases and those involving abnormal delay in initiating criminal prosecution, for example, an over three-month delay in reporting the matter without satisfactorily explaining the reasons for delay," the bench said.
Importantly, the court ordered the police to enter in its daily diary all information received about cognizable offences prior to registration of FIR.
"Since the general diary/station diary/daily diary is the record of all information received in a police station, we direct all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, to be mandatorily and meticulously reflected in the said diary and the decision to conduct a preliminary inquiry must also be reflected," the bench said.
'Deed of Divorce' not valid, but mutual divorce can sustain:HC | Business Standard
'Deed of Divorce' not valid, but mutual divorce can sustain:HC | Business Standard
Press Trust of India |Mumbai
Observing that divorce cannot be sought by spouses through a deed, the Court Bombay High Court has set aside a family court order which rejected a petition filed by a couple seeking divorce by mutual consent by waiving the 6-month mandatory waiting period for granting such relief.
The couple, Mittal and Manoj Panchal, got married in April 2007 in Mumbai as per Hindu rites but within a year disputes arose between them due to incompatibility, inequality and differences in their thoughts.
They decided to get separated and mutually decided to execute a 'deed of divorce' in June 2011. At that time, they were not aware that such a divorce was not recognised in law. Both got re-married and the wife applied for a USA visa as her second husband was settled there.
However, she could not get visa as the US Embassy demanded a divorce decree from the court. She then sought help of her first husband who cooperated and both applied to the family court under section 13-B of Hindu Marriage Act to get a divorce by mutual consent by waiving off the mandatory six-month waiting period.
The family court rejected their petition following which she approached the Bombay High Court.
A bench of High Court headed by Justice V K Tahilramani recently ruled, "We are of the opinion that the impugned order (of the family court) is not sustainable, both on facts and in law."
The family court primarily rejected the petition on the premises that the marriage between the appellants was already dissolved by the Deed of Divorce dated June 13, 2011, as per the custom and usage prevailing in the caste and community and, therefore, the petition filed under section 13-B of Hindu Marriage Act is not maintainable.
The family court also held that the deed of divorce, being an agreement between the appellants, cannot be set aside except on the ground that it was executed under force or pressure or by fraud by the parties to the agreement.
The High Court held that the reasons given by the family court in rejecting the petition were not legally sustainable.
The bench said the decree of divorce should have been passed because the marriage had been solemnised and later the parties had separated and mutually agreed to a divorce.
Source : http://www.business-standard.com/article/pti-stories/deed-of-divorce-not-valid-but-mutual-divorce-can-sustain-hc-113122900150_1.html
Press Trust of India |
December 29, 2013 Last Updated at 11:40 IST
Observing that divorce cannot be sought by spouses through a deed, the Court Bombay High Court has set aside a family court order which rejected a petition filed by a couple seeking divorce by mutual consent by waiving the 6-month mandatory waiting period for granting such relief.
The couple, Mittal and Manoj Panchal, got married in April 2007 in Mumbai as per Hindu rites but within a year disputes arose between them due to incompatibility, inequality and differences in their thoughts.
They decided to get separated and mutually decided to execute a 'deed of divorce' in June 2011. At that time, they were not aware that such a divorce was not recognised in law. Both got re-married and the wife applied for a USA visa as her second husband was settled there.
However, she could not get visa as the US Embassy demanded a divorce decree from the court. She then sought help of her first husband who cooperated and both applied to the family court under section 13-B of Hindu Marriage Act to get a divorce by mutual consent by waiving off the mandatory six-month waiting period.
The family court rejected their petition following which she approached the Bombay High Court.
A bench of High Court headed by Justice V K Tahilramani recently ruled, "We are of the opinion that the impugned order (of the family court) is not sustainable, both on facts and in law."
The family court primarily rejected the petition on the premises that the marriage between the appellants was already dissolved by the Deed of Divorce dated June 13, 2011, as per the custom and usage prevailing in the caste and community and, therefore, the petition filed under section 13-B of Hindu Marriage Act is not maintainable.
The family court also held that the deed of divorce, being an agreement between the appellants, cannot be set aside except on the ground that it was executed under force or pressure or by fraud by the parties to the agreement.
The High Court held that the reasons given by the family court in rejecting the petition were not legally sustainable.
The bench said the decree of divorce should have been passed because the marriage had been solemnised and later the parties had separated and mutually agreed to a divorce.
Source : http://www.business-standard.com/article/pti-stories/deed-of-divorce-not-valid-but-mutual-divorce-can-sustain-hc-113122900150_1.html
Times Of India News:
Rape charges by married women need harsher scrutiny: HC
TNN Dec 25, 2013, 04.19 AM IST
KOCHI: Pointing out that in normal circumstances the testimony of a rape survivor would suffice for conviction, the Kerala high court ruled that courts should, however, insist on corroboration if the survivor is a married woman and there isn't enough medical evidence.
The court was considering an appeal by Baburaj K of Aroor, who was convicted for raping a married woman. In his judgment last Thursday, Justice P Bhavadasan said, "The courts have been cautioned that in the case of a married woman, if she comes forward with an allegation of rape, and when the medical evidence is not of much help at all, it may be proper for the court to insist for corroboration. However, that too depends upon the facts of each case."
The accused in the case considered by the HC was convicted to 10 years rigorous imprisonment by a sessions court for raping his neighbour, a 40-year-old married woman with two kids. At the trial court, the accused claimed that following a rumour in their locality that he had an illicit relationship with the victim, he had been falsely implicated in the case.
The HC set aside the conviction citing discrepancies in the victim's oral testimony and hospital records. "It (victim's testimony) should not leave any doubt in the mind of the court as to what is spoken to by the victim is true. It is possible that there may not be any corroborative evidence or medical evidence in support of the allegation of rape. But the position is different when a married woman comes forward with an allegation of rape and no satisfactory explanation is offered for the delay in lodging the complaint. Unlike in the case of a virgin victim, the case of a married woman stands on a different footing," the HC judgment said.
Source : http://timesofindia.indiatimes.com/india/Rape-charges-by-married-women-need-harsher-scrutiny-HC/articleshow/27872951.cms?intenttarget=no
Kashmiri fatwa allows remarriage of women with missing husbands
Times Of India News:
Saleem PanditM Saleem Pandit,TNN | Dec 27, 2013, 03.17 AM IST
SRINAGAR: Various Kashmiri Muslim scholars on Thursday issued a fatwa permitting women whose husbands have been missing for the past four years to remarry.
The religious scholars were in Srinagar for a conference on the issue of the remarriage of Kashmiri women whose husbands have gone missing over the past two decades since the outbreak of militancy in the state.
Bashir Ahmad Dar, head of Ehsaas, the NGO that organized the conference, said the religious scholars unanimously concluded that the 'half-widows' whose husbands have disappeared in custody or otherwise over the past 20 years can remarry four years after the disappearance.
According to Dar, also a noted educationist, among the scholars who participated in the conference were Moulana Showkat Hussain Keng (patron, Anjuman-e-Himayatul Islam), Mufti Mohammad Yaqoob (Jamiat-e-Ahla Hadees), Mohammad Manzoor Raza (Karwan e Islami), Mujahid Shabir Ahmad Falahi (Jamat e Islami), Mohammad Saeed ur Rehman Shams (Anjuman-e Nusratul Islam), Moulana Hakim Sajjad Hussain (Ahle Bait Foundation) and Mufti Mohammad Ishaq Nazki (Darul Uloom Raheemiya, Bandipore).
After the third round of consultation on the issue, the ulemas (scholars) representing various institutions and organizations issued a joint statement saying any half-widow who intend to remarry can do so after four years. They said the issue of property in respect of the half-widows should be resolved in the light of the teachings of the Holy Quran and Hadith.
A detailed edict (fatwa) will be issued soon, the ulemas said.
Under the Dissolution of Muslim Marriage Act 1939, which is already in place in the country, a woman married under Muslim law is entitled to obtain a decree for the dissolution of marriage if the whereabouts of her husband have not been known for a period of four years.
Dar extended gratitude to the ulemas and stressed the need to reach out to those affected by conflict in the past 20 years.
"The story of half-widows is a story of honour, the story of resilience," said Paveena Ahanger, chairperson of Association of Disappeared Persons. "As per our estimates there are 1,500 such women in Jammu and Kashmir. Most of these women are suffering in a bad way, and there are few organizations that focus on supporting them."
Tahira Banu, one such half-widow, has been taking care of her three sons for the past 10 years. Her husband, a contractor, disappeared after he left home for work. "It's not easy to be a single parent," she said. "Two of my sons are in the orphanage, and the youngest lives with me. Earlier, people used to give me charity, but now I work in a beauty clinic."
Bahu said the hundreds of women like her wanted the government to help them locate their missing husbands.
Source : http://timesofindia.indiatimes.com/india/Kashmiri-fatwa-allows-remarriage-of-women-with-missing-husbands/articleshow/27990134.cms?intenttarget=no
Kashmiri fatwa allows remarriage of women with missing husbands
Saleem PanditM Saleem Pandit,TNN | Dec 27, 2013, 03.17 AM IST
SRINAGAR: Various Kashmiri Muslim scholars on Thursday issued a fatwa permitting women whose husbands have been missing for the past four years to remarry.
The religious scholars were in Srinagar for a conference on the issue of the remarriage of Kashmiri women whose husbands have gone missing over the past two decades since the outbreak of militancy in the state.
Bashir Ahmad Dar, head of Ehsaas, the NGO that organized the conference, said the religious scholars unanimously concluded that the 'half-widows' whose husbands have disappeared in custody or otherwise over the past 20 years can remarry four years after the disappearance.
According to Dar, also a noted educationist, among the scholars who participated in the conference were Moulana Showkat Hussain Keng (patron, Anjuman-e-Himayatul Islam), Mufti Mohammad Yaqoob (Jamiat-e-Ahla Hadees), Mohammad Manzoor Raza (Karwan e Islami), Mujahid Shabir Ahmad Falahi (Jamat e Islami), Mohammad Saeed ur Rehman Shams (Anjuman-e Nusratul Islam), Moulana Hakim Sajjad Hussain (Ahle Bait Foundation) and Mufti Mohammad Ishaq Nazki (Darul Uloom Raheemiya, Bandipore).
After the third round of consultation on the issue, the ulemas (scholars) representing various institutions and organizations issued a joint statement saying any half-widow who intend to remarry can do so after four years. They said the issue of property in respect of the half-widows should be resolved in the light of the teachings of the Holy Quran and Hadith.
A detailed edict (fatwa) will be issued soon, the ulemas said.
Under the Dissolution of Muslim Marriage Act 1939, which is already in place in the country, a woman married under Muslim law is entitled to obtain a decree for the dissolution of marriage if the whereabouts of her husband have not been known for a period of four years.
Dar extended gratitude to the ulemas and stressed the need to reach out to those affected by conflict in the past 20 years.
"The story of half-widows is a story of honour, the story of resilience," said Paveena Ahanger, chairperson of Association of Disappeared Persons. "As per our estimates there are 1,500 such women in Jammu and Kashmir. Most of these women are suffering in a bad way, and there are few organizations that focus on supporting them."
Tahira Banu, one such half-widow, has been taking care of her three sons for the past 10 years. Her husband, a contractor, disappeared after he left home for work. "It's not easy to be a single parent," she said. "Two of my sons are in the orphanage, and the youngest lives with me. Earlier, people used to give me charity, but now I work in a beauty clinic."
Bahu said the hundreds of women like her wanted the government to help them locate their missing husbands.
Source : http://timesofindia.indiatimes.com/india/Kashmiri-fatwa-allows-remarriage-of-women-with-missing-husbands/articleshow/27990134.cms?intenttarget=no
Hindu married to non-Hindu can't get divorce under Hindu Marriage Act: Bombay high court
TIMES OF INDIA:
MUMBAI: The Bombay high court has held that a Hindu married to a non-Hindu in accordance with Hindu rituals cannot seek divorce under the Hindu Marriage Act.
Accordingly, a bench headed by Justice VK Tahilramani upheld a family court order which rejected a petition filed by Niranjani Roshan Rao, a Hindu, seeking divorce from husband Roshan Pinto on the ground that he was a Christian at the time of marriage and was professing the same religion till today.
As the family court rejected her petition, she moved the high court, which, on December 24, rejected her appeal and upheld the lower court order.
"We are of the view that an order passed by the learned judge of the family court is perfectly legal and calls for no interference in exercise of appellate jurisdiction," said the bench while dismissing the appeal.
The appellant had filed the petition in family court seeking a decree of nullity of marriage and alternatively claimed divorce on the grounds of cruelty. She said, on January 13, 1999, she was married to respondent as per Hindu rituals. At the time of marriage, she was a Hindu while the respondent was a Christian.
After their marriage, they continued to profess their respective religions. Even at the time of filing of the petition, they continue to practice and follow their respective religions.
The appellant-wife argued that their marriage was null and void as it was in contravention of essential condition of valid marriage provided under section 5 of the Hindu Marriage Act, i.e. both the partners should be Hindus at the time of marriage.
The family court rejected the petition in exercise of powers under Order 7 Rule 11 of CPC, as the petition did not disclose any triable cause of action.
In other words, the family court said the petitioner had no right to file such a petition under the Hindu Marriage Act and as such cannot seek any relief. Both were not Hindus at the time of marriage and hence do not fulfill the conditions laid down under the act.
The high court observed that the appellant herself has stated that the respondent was not a Hindu at the time of marriage or thereafter.
"If this condition is not fulfilled and there was no contravention of provisions under Section 5 of the Hindu Marriage Act, the family court was right in saying that she had no right to file such a petition", the bench said.
Moreover, provisions of Hindu Marriage Act can be applied in cases when both the spouses were Hindus and their marriage is performed as per Hindu rites and rituals, the judges said.
It is also an essential condition under the act that at the time of filing a petition for divorce, both the spouses were Hindus by religion, ruled the bench.
Source : http://timesofindia.indiatimes.com/india/Hindu-married-to-non-Hindu-cant-get-divorce-under-Hindu-Marriage-Act-Bombay-high-court/articleshow/28062659.cms
Hindu married to non-Hindu can't get divorce under Hindu Marriage Act: Bombay high court
PTI | Dec 28, 2013, 09.04 PM ISTMUMBAI: The Bombay high court has held that a Hindu married to a non-Hindu in accordance with Hindu rituals cannot seek divorce under the Hindu Marriage Act.
Accordingly, a bench headed by Justice VK Tahilramani upheld a family court order which rejected a petition filed by Niranjani Roshan Rao, a Hindu, seeking divorce from husband Roshan Pinto on the ground that he was a Christian at the time of marriage and was professing the same religion till today.
As the family court rejected her petition, she moved the high court, which, on December 24, rejected her appeal and upheld the lower court order.
"We are of the view that an order passed by the learned judge of the family court is perfectly legal and calls for no interference in exercise of appellate jurisdiction," said the bench while dismissing the appeal.
The appellant had filed the petition in family court seeking a decree of nullity of marriage and alternatively claimed divorce on the grounds of cruelty. She said, on January 13, 1999, she was married to respondent as per Hindu rituals. At the time of marriage, she was a Hindu while the respondent was a Christian.
After their marriage, they continued to profess their respective religions. Even at the time of filing of the petition, they continue to practice and follow their respective religions.
The appellant-wife argued that their marriage was null and void as it was in contravention of essential condition of valid marriage provided under section 5 of the Hindu Marriage Act, i.e. both the partners should be Hindus at the time of marriage.
The family court rejected the petition in exercise of powers under Order 7 Rule 11 of CPC, as the petition did not disclose any triable cause of action.
In other words, the family court said the petitioner had no right to file such a petition under the Hindu Marriage Act and as such cannot seek any relief. Both were not Hindus at the time of marriage and hence do not fulfill the conditions laid down under the act.
The high court observed that the appellant herself has stated that the respondent was not a Hindu at the time of marriage or thereafter.
"If this condition is not fulfilled and there was no contravention of provisions under Section 5 of the Hindu Marriage Act, the family court was right in saying that she had no right to file such a petition", the bench said.
Moreover, provisions of Hindu Marriage Act can be applied in cases when both the spouses were Hindus and their marriage is performed as per Hindu rites and rituals, the judges said.
It is also an essential condition under the act that at the time of filing a petition for divorce, both the spouses were Hindus by religion, ruled the bench.
Source : http://timesofindia.indiatimes.com/india/Hindu-married-to-non-Hindu-cant-get-divorce-under-Hindu-Marriage-Act-Bombay-high-court/articleshow/28062659.cms
Saturday, December 28, 2013
Fake bride, 4 others nabbed for taking 6 for a ride
Times of India News:
Fake bride, 4 others nabbed for taking 6 for a ride
TNN | Dec 21, 2013, 03.26 AM ISTBHOPAL: Believing sob stories about 26-year-old "needy, poor, widow" from a gang of fraudsters, 5 wannabe grooms fell for it. The gang of conmen would present Jyoti Verma as a widow with the responsibility of a 6-year-old girl. After making them marry the "poor widow," the gang would run away with the money and valuable of the unsuspecting men, police said.
The gang would have continued conning more but for the presence of mind shown by her fifth victim- Ram Charan Chowdhary, 32, a resident of Jasso village in Satna district to see through her game. After marrying Chowdhary on November 28, Jyoti ran away in a couple of days. But before doing so, she took Rs 25,000 the poor man gave to settle her outstanding "loan". The man agreed to the condition.
Satna police have arrested 5 people, including 3 women in connection with the fraud in the past 15 days.
Jasso police station in charge R K Jaiswal said, "The accused was introduced to Chowdhary through one of her aides Rajesh Chowdhary, who knew the victim. It was he who helped in fixing the marriage of two.
"On December 1, Rajesh came and informed that there was some problem in maternal house of the woman and a relative had come to take her. Unaware of their intentions, Ram Charan allowed her to go," Jaiswal said.
But when she did not return or could be contacted on phone, Ram Charan tracked Rajesh in his native Imalia village in Panna district, he added. Ram Charan, who reached Imaliya with village elders, caught him. Finding him cornered, he called his two accomplices Pooja Saket, 32, and Rakesh Saket, 30. The trio tried to assure Ram Charan that they would return money, but Ram Charan informed the police, Jaiswal said.
All the three were arrested and then, Jyoti Verma, 26, the girl who married Ram Charan was arrested from Piparia Don, a village in Panna district. But even before that, she managed to befool a villager in Piparia Don and was living with him. She was demanding Rs 30,000 from him to settle loans, Jaiswal said.
Satna police have arrested 5 people, including 3 women in connection with the fraud over the past 15 days.
On interrogation they revealed that Ram Charan was the fifth husband of Jyoti, he said.
"The fifth accused, Shobha, 40, was arrested on December 28 from Panna and was presented before the court on Thursday," he said adding, "Shobha was living with a man known by the name of Hatim, who was her fifth husband".
All the accused have been booked under Section 420 (fraud) of the IPC and other relevant sections.
Source : http://timesofindia.indiatimes.com/city/bhopal/Fake-bride-4-others-nabbed-for-taking-6-for-a-ride/articleshow/27697032.cms?intenttarget=no
100 करोड़ के लिए बहू ने अंजाम दिया एक हिलाकर रख देने वाली वारदात को...
Dainik Bhashkar
100 करोड़ के लिए बहू ने अंजाम दिया एक हिलाकर रख देने वाली वारदात को...
अहमदाबाद। करोड़ों रुपए की संपत्ति हड़पने की मंशा से यहां एक महिला ने
सास की हत्या अपनी मां और पिता से मिल करवा दी। जुलाई -2013 के कमलाबहन पटेल हत्या
मामले की गुत्थी सुलझाने का दावा कर अहमदाबाद पुलिस ने यह खुलासा किया है।
कमलाबहन आगडिया पीढ़ी की मालिक थीं। केस सुलझाने में पुलिस को 127 दिन लगे।
आरोपियों में आरबीआई का एक पूर्व कर्मचारी भी शामिल है। आरोपियों ने अपराध कबूल कर
लिया है। हालांकि पीड़िता की बहू को पुलिस ने गिरफ्तार नहीं किया है। जांच के दौरान
उसने विषपान कर आत्महत्या का प्रयास किया था। उसकी स्थिति नाजुक बनी हुई है।
For details please check the below link :
KEM technician accused of sexually harassing 12 female staffers acquitted
MumbaiMirror :
KEM technician accused of sexually harassing 12 female staffers acquitted
Women and the law
The Hindu :
Women and the law
By K.T. Thomas
| Whenever a law is made very stringent under the pressure of emotionally surcharged social reactions, there is the danger of its misuse. |
WHEN WE survey the laws concerning women in modern India, two distinct stages are discernible; one, before the Constitution of India came into existence and the other, thereafter. It was unfortunate that in the first stage, the personal laws of almost all major religions were unfair to women in that they were essentially male-oriented. The situation changed once the Constitution came into force. Parliament introduced a number of legislative measures to correct gender imbalance inherent in the personal laws.
One of the significant advancements of the Indian legal system towards liberating women from the scourge of the dowry system was the invigoration of the Dowry Prohibition law. Though enacted in 1961, at that point of time it was not meant to be punitive. I remember how the then Prime Minister, Jawaharlal Nehru, described it as an enactment intended to give a social push to the eradication of dowry. The law contemplated "dowry" as an act of giving of cash or property in consideration for the marriage. It was quite easy during those days to plead in court that the amount received was not really "dowry", because it was not given as consideration for the marriage.
Parliament subsequently effected a three-tier improvement to that legislation. Through the first, the definition of "dowry" was widened to include any sort of dowry payment within the dragnet of law. "Dowry" is now anything paid or given, or agreed to be given, in connection with the marriage, on or before or at any time after the marriage, by or on behalf of a bride to the husband or his relatives. In the second tier, punishment was made more stringent by prescribing two categories of offences. One was the offence of taking dowry for which the punishment prescribed is imprisonment that shall not be less than five years. The other was for demanding dowry, and the punishment is imprisonment for a period that shall not be less than six months. Through the third tier, a very significant innovation was made. The burden of proving that he did not commit the offence was transposed to the accused, which meant that if there was any accusation of having received or even demanded dowry, it was for the accused to prove that he did not do so. It is normally an uphill task for the husband and his parents to prove this, but that is now the law.
How many persons are aware that "dowry" now is a very dangerous commodity? Even if the court is desirous of showing some leniency to a receiver of dowry, it is rendered helpless. I do not suggest that Parliament should further amend the law against dowry. It is for society to take advantage of the rigours of the law now in force.
The new offence created with the introduction of Section 304-B in the Indian Penal Code, called "dowry death", is no doubt very stringent. I understand that the conviction rate of that offence is comparatively high. Its punishment is by no means light. The minimum sentence prescribed is imprisonment for seven years. Here also, the burden of proof is the reverse of the normal. Whoever is prosecuted has to prove that he made no demand for dowry. This is not an easy task in a case where the accusation is that the husband or his parents or close relatives subjected the victim to harassment with a demand for dowry. Almost similar is the position of the other offence called "abetment to commit suicide." In fact, it is not a new offence because Section 306 has been there in the IPC since its inception. But the Section remained in the code without any practical use for over a century. The situation changed in 1986 when Parliament introduced a new provision in the Indian Evidence Act as Section 113 A. It transformed an indolent penal provision into animation and made it a very agile Section. By Section 113 A, Parliament required the court to presume, in any case where a wife committed suicide within seven years of marriage, that such suicide was abetted by her husband (or relative of the husband) who had subjected her to cruelty. The word "cruelty" was defined in the IPC as any sort of harassment with the demand for dowry. The punishment for the offence of abetting suicide is quite high.
A number of prosecutions have been launched against the husbands and in-laws of brides who have committed suicide within seven years of marriage. And there has been a good percentage of conviction in such cases. But there have also been numerous instances when the above provisions were misused. Old women, young sisters-in-law and even married sisters-in-law, besides teenaged brothers and sisters-in-law, were made accused in such cases at the instance of the members of the bereaved families. While hearing a good number of such cases, I gained the impression that it was not rare that brides committed suicide on account of depression or related causes on account of other mental illness. The parents of the deceased chose to prosecute not merely the husband; those accused included the aged father-in-law and mother-in-law and also young sisters-in-law who were either of marriageable age or in their adolescence.
Punishment of such persons, if the accusation against them was made merely on a subjective assumption, would lead to real miscarriage of justice. Some courts refused to grant bail to those aged women and teenaged girls. Sometimes bail was granted to them after keeping them in prison for a few weeks, perhaps even months. Even if they were finally acquitted, the social stigma they had suffered following the arraignment in a criminal court and the trauma that haunted them on account of the incarceration with criminals in jail would have seriously affected them. In case of young girls, it would have had an adverse impact on their personality development during the critical stage of their growth.
The lesson to be learnt from such instances is: whenever you make a law very stringent on account of pressures from emotionally surcharged social reactions, there is a real danger of its misuse.
There is another recent development of great concern, namely, female infanticide. There exists a practice in some parts of the country where if a newborn child is a female it is administered a kind of herbal formulation that ensures its death even before it starts crying. When news of this practice in a particular village came to be published for the first time, a lot of noise was made by some social activists and women organisations. Later they claimed that they had succeeded in stopping the practice. Perhaps they could stop it outwardly.
In my view, what happened in this village was only a reflection of the social psyche in India. There is a perceptible lack of enthusiasm at the birth of a female child when compared with the joy that greets the arrival of a male child. In some cases the unhappiness is demonstrated blatantly, and in others it is only muted. I think we are the only country where the female is sometimes not even allowed to be born! No doubt, our Parliament has stepped in to tackle the malady by passing the Pre-natal Diagnostic Techniques (Prevention) Act. But some greedy practitioners have discovered loopholes in this legislation. They are misusing modern diagnostic processes such as ultrasonography and amniotic fluid analysis. Those mal-practitioners make a huge income taking advantage of the average Indian parents' aversion for a girl child.
Should we not go into the real causes of this psyche in our society? In most other countries there is hardly a difference in the attitude to the gender of the newborn. Why is the situation in India otherwise? This must be closely analysed and enquired into. I have observed that the antipathy is more in the middle class families. Most probably, the birth of a female child strikes a note of warning to the parents that an economic burden is being cast on them. Here, when the law already forbids dowry payment most stringently, we cannot expect Parliament to make the law more draconian. The removal of this antipathy to the girl child must be through social changes and not by enhancing existing penalties. Let women's organisations deliberate upon the real causes and see that every girl child is emancipated from the parental concern that she is a financial burden.
(Excerpted from the talk delivered by the writer, a former Judge of the Supreme Court of India, at a seminar organised jointly by the National Commission for Women and the Bar Council of India in New Delhi on February 1, 2004.)
बॉय फ्रेंड पर रेप का आरोप लगाकर किया हंगामा
बॉय फ्रेंड पर रेप का आरोप लगाकर किया हंगामा
मनीष अग्रवाल, नई दिल्ली
आईआईएम अहमदाबाद से एमबीए कर रहा एक लड़का उस वक्त जेल जाते-जाते बच गया, जब उसने अपनी गर्लफ्रेंड पर मारपीट का आरोप लगाते हुए पुलिस को 100 नंबर पर कॉल कर दी, लेकिन पुलिस के आने पर लड़की ने शोर मचाते हुए कहा कि लड़के ने उसके साथ रेप किया है।
मामला गंभीर होते देख दोनों को थाने लाया गया। वहां लड़की ने कई बार अपने दोस्त की पिटाई करने के अलावा कुछ पुलिसकर्मियों के साथ भी मारपीट की। यह हाई वोल्टेज ड्रामा करीब चार घंटे तक चला। बाद में अपने आप को भी फंसता देख लड़की ने पुलिस को यह लिखकर दिया कि उसके साथ कोई रेप नहीं हुआ है और वह झूठ बोल रही थी। तब दोनों को थाने से जाने दिया गया। यह घटना शुक्रवार को सेंट्रल दिल्ली के कमला मार्केट थाने में हुई।
पुलिस सूत्रों ने बताया कि 25 साल की लड़की और 26 साल का लड़का करीब सात साल से दोस्त हैं। दोनों की दोस्ती इंटरनेट के माध्यम से हुई थी। लड़की बरेली की रहने वाली है जबकि लड़का आईआईएम अहमदाबाद से एमबीए कर रहा है। दोनों शादी करने के लिए भागकर दिल्ली आए थे। दोपहर करीब 3 बजे दोनों की नई दिल्ली रेलवे स्टेशन पर किसी बात पर बहस हो गई। वहां लड़की ने अपने दोस्त के साथ मारपीट करनी शुरू कर दी। लड़के ने मदद के लिए पुलिस को 100 नंबर पर कॉल कर दिया।
कुछ ही देर में पीसीआर वहां आ गई। पुलिस के आते ही लड़की ने चिल्लाना शुरू कर दिया और कहा कि लड़के ने उसके साथ रेप किया है। पुलिस दोनों को कमला मार्केट थाने ले आई। यहां महिला पुलिसकर्मी उसे समझाने की कोशिश करने लगी। लेकिन लड़की ने यहां भी हल्ला मचाया और काफी हंगामा किया। ये सारी तस्वीरें वहां लगे सीसीटीवी कैमरे में भी कैद हुई।
महिला पुलिसकर्मी के साथ भी लड़की ने मारपीट की। लड़की से बचने के लिए लड़के ने अपने आप को थाने के ही एक रूम में बंद कर लिया। इससे लड़की गुस्से में आ गई और लड़की ने दरवाजे को तोड़ने की नीयत से उसमें लात मारनी शुरू कर दी। लड़के ने अंदर से लॉक खोला तो लड़की उससे लिपट गई और उन दोनों को छोड़ने के लिए पुलिस से रिक्वेस्ट करने लगी।
लड़की के अचानक इस बदले रूप से सारा थाना हक्का-बक्का रह गया। वहां मौजूद पुलिसकर्मियों ने कहा कि चूंकि अब यह मामला पुलिस हेडक्वॉर्टर तक पहुंच चुका है, इसलिए तुम दोनों के मामले में अब सीनियर अफसर ही कोई फैसला लेंगे। तब लड़की ने लिखकर दिया कि उसके साथ कोई रेप नहीं हुआ है, वह अपने दोस्त के साथ खुश है और उसी के साथ जाना चाहती है। लड़के ने भी लिखकर दिया कि उसे कोई कार्रवाई नहीं करनी है। इसके बाद दोनों को शाम करीब 7:30 बजे थाने से जाने दिया गया।
Source : http://navbharattimes.indiatimes.com/delhi/crime/she-accused-her-boyfrnd-for-rape-attempt/articleshow/28026354.cms
सास को जहर देने के आरोप में बहू हिरासत मेंमहिलाओं ने खजराना थाना घेरा
Dainik Bhashkar News:
सास को जहर देने के आरोप में बहू हिरासत मेंमहिलाओं ने खजराना थाना घेरा
Matrix News | Jan 12, 2013, 06:08AM IST
भास्कर संवाददाता
-!- इंदौर
बंगाली कॉलोनी में रहने वाली एक महिला को परिजन ने जहर के कारण अस्पताल में भर्ती कराया है। वृद्धा के बेटे-बेटी का आरोप है कि बहू मां को घर से बाहर निकालना चाहती है। इसीलिए अपनी मां के साथ मिलकर सास को पानी में जहर पिला दिया। परिजन के साथ कॉलोनी की महिलाओं ने खजराना थाने का घेराव कर दिया। पुलिस ने बहू को हिरासत में लेकर पूछताछ शुरू कर दी है।
पुलिस के अनुसार मुकुल पति गुरुदास दत्ता ((52)) को परिजन ने अस्पताल में भर्ती कराया है। उनकी हालत गंभीर है। उनकी रिश्तेदार व कॉलोनी में रहने वाली 20 से 25 महिलाओं ने थाने का घेराव कर बहू उमा पति गौतम दत्ता के खिलाफ कार्रवाई करने की मांग की। मुकुल की बेटी गौरी और बेटे गौतम का आरोप है कि उमा 20 दिन पहले हमारे खिलाफ दहेज प्रताडऩा का झूठा मामला दर्ज करा चुकी है। वह नहीं चाहती कि मां हमारे साथ रहे। उमा की मां छवि मंडल भी घर आई हुई है। दोनों ने मेरी मां को जहर पिला दिया।
बहू की बहन और बहनोई पर भी आरोप - पुलिस ने बताया यदि जांच में उमा दोषी पाई गई तो उसके खिलाफ केस दर्ज किया जाएगा। गौरी ने उमा की बड़ी बहन सुषमा व उसके पति प्रसन्न पर भी आरोप लगाया कि ये लोग भी मेरी मां को मारने की साजिश रच रहे हैं।
बंगाली कॉलोनी में रहने वाली एक महिला को परिजन ने जहर के कारण अस्पताल में भर्ती कराया है। वृद्धा के बेटे-बेटी का आरोप है कि बहू मां को घर से बाहर निकालना चाहती है। इसीलिए अपनी मां के साथ मिलकर सास को पानी में जहर पिला दिया। परिजन के साथ कॉलोनी की महिलाओं ने खजराना थाने का घेराव कर दिया। पुलिस ने बहू को हिरासत में लेकर पूछताछ शुरू कर दी है।
पुलिस के अनुसार मुकुल पति गुरुदास दत्ता ((52)) को परिजन ने अस्पताल में भर्ती कराया है। उनकी हालत गंभीर है। उनकी रिश्तेदार व कॉलोनी में रहने वाली 20 से 25 महिलाओं ने थाने का घेराव कर बहू उमा पति गौतम दत्ता के खिलाफ कार्रवाई करने की मांग की। मुकुल की बेटी गौरी और बेटे गौतम का आरोप है कि उमा 20 दिन पहले हमारे खिलाफ दहेज प्रताडऩा का झूठा मामला दर्ज करा चुकी है। वह नहीं चाहती कि मां हमारे साथ रहे। उमा की मां छवि मंडल भी घर आई हुई है। दोनों ने मेरी मां को जहर पिला दिया।
बहू की बहन और बहनोई पर भी आरोप - पुलिस ने बताया यदि जांच में उमा दोषी पाई गई तो उसके खिलाफ केस दर्ज किया जाएगा। गौरी ने उमा की बड़ी बहन सुषमा व उसके पति प्रसन्न पर भी आरोप लगाया कि ये लोग भी मेरी मां को मारने की साजिश रच रहे हैं।
Maharashtra set to become 1st state to allow online filing of RTI applications
DNA India News:
Maharashtra set to become 1st state to allow online filing of RTI applications
Thursday, Dec 26, 2013, 7:57 IST | Place: Mumbai | Agency: DNA
To make the process of filing Right To Information (RTI) applications easy, Maharashtra will soon become the first state to enable people to seek information online under the Act. Presently, people file their RTI applications physically and pay a fee of Rs10 via modes like a court fee stamp, demand draft and Indian postal order. The system of filing RTI applications online will help simplify the process. The Centre has already launched a portal to enable online filing of RTI applications with major ministries and departments located in New Delhi. Here, applicants can get a unique registration number for future reference and can also provide mobile numbers for SMS alerts.
“People will soon be able to file RTI applications online,” Maharashtra information technology (IT) secretary Rajesh Aggarwal told dna, adding that the National Informatics Centre (NIC) was fine-tuning the system. “This will be online in around two to three weeks’ time,” he said and added that they would start accepting such online applications for the general administration department (GAD) and then extend it to other departments and districts later.
Under the system, people will be able to apply for information and pay the necessary fees online, noted Aggarwal. “We have to get it customised,” he said, adding that the NIC was working on fine-tuning the payment gateway, which will enable people to make payments via credit or debit cards or net-banking.
“Allowing people to file RTI applications online will be useful in taking the RTI act forward,” said RTI activist Shivaji Raut. “Students and professionals in sectors like IT and women are not using the RTI act too vigorously. The online filing of RTI applications will help get them into the RTI net and these (educated) people will help expose corruption fast,” he added.
Raut, however, cautioned that public information officers (PIO) in rural areas could face problems receiving and processing RTI applications online. He added that instances of PIOs not accepting RTI applications or trying to hoodwink people would come down due to the new system.
From January to December 2012, a total of 6,82,286 RTI applications were filed in Maharashtra.
Out of these information was given for 6,54,067 applications. A total of 92,649 RTI applications were pending since 2011.
Simplifying the process
Under the system, people will be able to apply for information and pay the necessary fees online.
The government would start accepting such online applications for the general administration department (GAD) and then extend it to other departments and districts later. The system of filing RTI applications online will help simplify the process.
Source : http://www.dnaindia.com/mumbai/report-maharashtra-set-to-become-1st-state-to-allow-online-filing-of-rti-applications-1940635
“People will soon be able to file RTI applications online,” Maharashtra information technology (IT) secretary Rajesh Aggarwal told dna, adding that the National Informatics Centre (NIC) was fine-tuning the system. “This will be online in around two to three weeks’ time,” he said and added that they would start accepting such online applications for the general administration department (GAD) and then extend it to other departments and districts later.
Under the system, people will be able to apply for information and pay the necessary fees online, noted Aggarwal. “We have to get it customised,” he said, adding that the NIC was working on fine-tuning the payment gateway, which will enable people to make payments via credit or debit cards or net-banking.
“Allowing people to file RTI applications online will be useful in taking the RTI act forward,” said RTI activist Shivaji Raut. “Students and professionals in sectors like IT and women are not using the RTI act too vigorously. The online filing of RTI applications will help get them into the RTI net and these (educated) people will help expose corruption fast,” he added.
Raut, however, cautioned that public information officers (PIO) in rural areas could face problems receiving and processing RTI applications online. He added that instances of PIOs not accepting RTI applications or trying to hoodwink people would come down due to the new system.
From January to December 2012, a total of 6,82,286 RTI applications were filed in Maharashtra.
Out of these information was given for 6,54,067 applications. A total of 92,649 RTI applications were pending since 2011.
Simplifying the process
Under the system, people will be able to apply for information and pay the necessary fees online.
The government would start accepting such online applications for the general administration department (GAD) and then extend it to other departments and districts later. The system of filing RTI applications online will help simplify the process.
Source : http://www.dnaindia.com/mumbai/report-maharashtra-set-to-become-1st-state-to-allow-online-filing-of-rti-applications-1940635
Family court plays Santa, grants kids' custody to father
DNA News
Wednesday, Dec 25, 2013, 23:52 IST | Place: Pune | Agency: DNA
Family court plays Santa, grants kids' custody to father
This year’s Christmas turned out to be a memorable one for this software techie.Joe (name changed) separated from his wife Julie (name changed) eight months ago and is currently pursuing his MBA in the United States of America.
His wish this year was to spend the Christmas with his two children which was granted when the family court granted him the custody of his children.
Prior to this, Julie had planned a trip to Bangalore, her hometown, and then further in South India with her children to spend the Christmas holidays.
The court granted Joe the custody, provided he reimburses the money that his wife had paid to book the trip.
The couple married in 2006. They have two children, a one-year-old son and a five-year-old daughter.
Joe wanted to spend his vacation with the children as he was unable to do the same in the past two years. Julie is working in the human resource department in a multinational company.
Julie’s case was represented by lawyer Pratibha Ghorpade who submitted the tickets of the tour company which were booked two months ago.
Ghorpade said, “Julie had planed a trip for the vacations, When her husband claimed that he wanted to spend time with his children, she accepted to give their custody to him. The family court later directed Joe to reimburse the ticket charges.“
Source : http://www.dnaindia.com/pune/report-family-court-plays-santa-grants-kids-custody-to-father-1940597
"युवा प्रेमियों के लिए न्याय प्रणाली घातक"
RajasthanPatrika:
युवा प्रेमियों के लिए न्याय प्रणाली घातक
नई दिल्ली। दिल्ली की एक कोर्ट ने एक युवक को अपहरण के आरोप से बरी करते हुए टिप्पणी की है कि देश की न्याय प्रणाली युवा पे्रमियों के लिए ठीक नहीं है।
अतिरिक्त सत्र न्यायाधीश कामिनी लाऊ ने इस पर चिंता जताई कि प्यार करने वाले युवक को जेल में कैद किया जाता है और उस पर अपहरण जैसे गंभीर आरोप लगाए जाते हैं।
ऎसे इस तरह जेल में रखा जाता है, जैसे उसने दुष्कर्म किया हो या हत्या की हो या डकैती की हो। इस मामले में लड़की ने कोर्ट को बताया कि वह युवक के साथ स्वेच्छा से गई थी और दोनों एक दूसरे को प्यार करते हैं।
मामले में लड़की के परिजनों ने युवक पर नाबालिग के अपहरण का आरोप लगाया था, जो कुछ ही दिन में बालिग होने वाली थी और युवक के साथ स्वेच्छा से शादी करने को तैयार थी।
न्यायाधीश ने कहा कि ऎसा सिर्फ इसलिए होता है, क्योंकि देश की कानून व्यवस्था ऎसा कोई अवकाश काल नहीं देता, जब यह जांच की जाए कि युवक पर लड़की को लेकर लगाए गए आरोप की जांच के बाद ही कोई कार्रवाई की जाए।
Source : http://rajasthanpatrika.patrika.com/news/For-lovers-Justice-System-fatal/1118192.html
बहू ने लिखाई रिपोर्ट, थाने से लौटकर ससुर ने लगाई फांसी
Dainik Bhashkar News
बहू ने लिखाई रिपोर्ट, थाने से लौटकर ससुर ने लगाई फांसी
Matrix News | Sep 06, 2013, 04:22AM IST
मुरैना-!-शहर की
संजय कॉलोनी में रहने वाले एक बुजुर्ग ने बहू द्वारा कोतवाली में रिपोर्ट लिखाने और
पुलिस द्वारा पकड़कर थाने ले जाने से व्यथित बुजुर्ग ने फांसी लगाकर आत्महत्या कर
ली। बुजुर्ग ने थाने से लौटकर बुधावर की रात फांसी लगाई है। गुरुवार को पुलिस ने इस
मामले में मर्ग कायम कर जांच शुरू कर दी है।
जानकारी के अनुसार संजय कॉलोनी के राधा स्कूल वाली गली में रहने वाले 65 वर्षीय हरिप्रसाद पुत्र मुन्नालाल शर्मा की बहू नीमा पत्नी रामसेवक ने उनके खिलाफ बुधवार की रात कोतवाली में रिपोर्ट लिखवाई कि उसके ससुर हरिप्रसाद व देवर दिनेश ने उससे मारपीट की। पुलिस ने अदम चेक काटा, जिसमें नीमा ने लिखवाया कि उसके ससुर उससे कहते हैं कि पैसे क्यों खर्च करती है। मैंने कहा कि ब"ाों पर खर्च तो करना पड़ेगा। बस इसी बात पर ससुर व देवर ने उसे पीट दिया। नीमा की रिपोर्ट लिखने के बाद कोतवाली पुलिस ने इस मामले में पूछताछ के लिए हरिप्रसाद को बुलाया। हरिप्रसाद ने कोतवाली आकर पुलिस को बताया कि उन्होंने बहू से कोई मारपीट नहीं की है। तब पुलिस ने हरिप्रसाद को घर जाने दिया। बहू की रिपोर्ट पर कोतवाली जाकर घर लौटे बुजुर्ग हरिप्रसाद ने बुधवार-गुरुवार की मध्यरात्रि में अपने घर में फांसी लगा ली। इसकी जानकारी पुलिस को हुई तो पुलिस ने शव को पोस्टमार्टम के लिए अस्पताल पहुंचाया।
Source : http://www.bhaskar.com/article-srh/MAT-MP-OTH-c-304-80590-NOR.html
जानकारी के अनुसार संजय कॉलोनी के राधा स्कूल वाली गली में रहने वाले 65 वर्षीय हरिप्रसाद पुत्र मुन्नालाल शर्मा की बहू नीमा पत्नी रामसेवक ने उनके खिलाफ बुधवार की रात कोतवाली में रिपोर्ट लिखवाई कि उसके ससुर हरिप्रसाद व देवर दिनेश ने उससे मारपीट की। पुलिस ने अदम चेक काटा, जिसमें नीमा ने लिखवाया कि उसके ससुर उससे कहते हैं कि पैसे क्यों खर्च करती है। मैंने कहा कि ब"ाों पर खर्च तो करना पड़ेगा। बस इसी बात पर ससुर व देवर ने उसे पीट दिया। नीमा की रिपोर्ट लिखने के बाद कोतवाली पुलिस ने इस मामले में पूछताछ के लिए हरिप्रसाद को बुलाया। हरिप्रसाद ने कोतवाली आकर पुलिस को बताया कि उन्होंने बहू से कोई मारपीट नहीं की है। तब पुलिस ने हरिप्रसाद को घर जाने दिया। बहू की रिपोर्ट पर कोतवाली जाकर घर लौटे बुजुर्ग हरिप्रसाद ने बुधवार-गुरुवार की मध्यरात्रि में अपने घर में फांसी लगा ली। इसकी जानकारी पुलिस को हुई तो पुलिस ने शव को पोस्टमार्टम के लिए अस्पताल पहुंचाया।
Source : http://www.bhaskar.com/article-srh/MAT-MP-OTH-c-304-80590-NOR.html
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